Full Description
The new edition of this leading work continues to provide full analysis of the legal and practical aspects arising in trusts disputes, with attention to jurisdiction-specific issues covering ten of the most relevant territories.
Since the last edition the law has developed at a fast pace and trust disputes continue to increase as international trusts reach the second, third and sometimes fourth generation of beneficiary. In particular, there have been changes made to the law of succession in England and Wales (Intestacy Rules 2014) and case law such as Ilott v The Blue Cross [2017] which consider the implications for family provision under the Inheritance (Provision for Family and Dependants) Act 1975. Developments relating to the position of trusts in matrimonial disputes are analysed and the issues for trust disputes and rights to information under The Data Protection Act (Dawson Damer v Taylor Wessing [2017]) are also included. Other important case law which is now considered include Pitt v Holt, re Futter [2013] and the development of the law of mistake thereafter, and the Pugachev litigation on sham trusts.
International Trust Disputes provides a comprehensive and thorough treatment of this topic. Acting as a specialist guide for practitioners, it offers a survey of the special considerations that may arise with regard to trust disputes as well as a definitive guide to the issues which may be encountered in the jurisdictions where disputes are most likely to take place.
Contents
Part I General Practice and Procedure
Section A: Jurisdiction
1: Michael Ashdown: English Trust Law Principles
Section B: External Disputes
2: Alison Meek: Matrimonial Disputes
3: Andrew De La Rosa: Succession and Forced Heirship Disputes
4: Jeremy Kosky, Maxine Mossman and Nicole Buncher: Sham Trusts and Reserved Powers
5: Jonathan Hilliard QC and Jack Watson: Asset Protection and Insolvency
6: Sofie Hoffman: Dishonest Assistance
Section C: Internal Disputes
7: Susannah Meadway: Breach of Trust Claims
8: Shan Warnock-Smith QC: No-Contest Clauses
9: Simon Taube QC: Mistake, Rectification, and Hastings-Bass
10: Emily Exton and Roberta Harvey: Setting aside Trusts, Undue Influence, and Capacity
11: Giles Richardson: Retirement, Replacement, and Removal of Trustees
12: Steven Kempster: Rights to Information
13: Elizabeth Weaver: Directions and Beddoe Applications
Section D: Procedure
14: Richard Dew: Injunctions
15: Andrea Zavos and Mark Lindley: Representation of Parties
16: Nicola Evans: Involvement of Charitable Interests
17: Beverly-Ann Rogers: Alternative Dispute Resolution
18: Anthony Poulton: Variation and Compromise
19: Tracey Angus QC: Appeals
20: Joanna Poole and Joseph de Lacey: Costs
Part II: Jurisdictions
21: Anna Bruce-Smith and Ben Adamson: Bermuda
22: Arabella Di Iorio: British Virgin Islands
23: Morven McMillan: Cayman Islands
24: Charles Simpson: Gibraltar
25: Elaine Gray and Karen Le Cras: Guernsey
26: John Rimmer: Isle of Man
27: Nigel Sanders: Jersey
28: Dr. Stefan Wenaweser: Liechtenstein
29: Andrew Butler and Nat Walker: New Zealand
30: Tina Wüstemann and Marco Frigg: Switzerland
